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2. Removal of Global from Certain Provisions of Original Agreement. Global is hereby <br /> removed as a Party from the Original Agreement. <br /> 3. Additional Parties. If and when Machado enters into an agreement with other parties <br /> to develop the Project and/or purchase the property from Machado, Machado will <br /> request Shell to indemnify the new parties. Shell shall not unreasonably withhold its <br /> approval of Machado's request to indemnify the new parties. <br /> 4. Miscellaneous Provisions. <br /> a. Original Agreement. All provisions of Section 5 - Miscellaneous Provisions of <br /> the Original Agreement shall remain in full force and effect, and are hereby <br /> applicable to this Amendment, except as specifically discussed in this Section 4 - <br /> Miscellaneous Provisions of this Amendment. <br /> b. Amendment of Agreement. This Amendment may not be modified, changed, <br /> supplemented, superseded, canceled or terminated, nor may any obligations <br /> hereunder be waived, except by written instrument signed by the party to be <br /> charged or by its agent duly authorized in writing or as otherwise expressly <br /> permitted herein. <br /> c. Entire Agreement. The Original Agreement and this First Amendment to the <br /> Original Agreement constitute the entire understanding between the Parties with <br /> respect to the matters set forth herein, and they supersede and replace any and all <br /> prior or contemporaneous understandings or agreements between the Parties with <br /> respect to the subject matter hereof, whether oral or written. <br /> ----- [SIGNATURES APPEAR ON FOLLOWING PAGE] ----- <br /> 2 <br /> 207060.2-10-19-06 FINAL <br />